Delaware Unveils Draft Regulations for Adult-Use Cannabis Market

PROPOSED REGULATIONS RELEASED, 30-day public comment period active

Last week, the Office of the Marijuana Commissioner (OMC) in Delaware released proposed regulations for its adult-use cannabis market, marking a pivotal step forward in the journey to legal cannabis operations and sales within the state. The proposed regulations are now open for public feedback during a 30-day public comment period, ending on June 3rd. Stakeholders, including potential future business owners, advocates, and citizens, are encouraged to submit their public comments within the allotted window. These comments will help shape the final regulations and, ultimately, the Delaware cannabis market.

WHAT’S IN THE REGS?

Delaware’s regulations cover everything from licensing and the application process, to general compliance for areas including alarm systems and video surveillance, record keeping, packaging and labeling requirements, product testing standards, and more.

Similar to parts of New Jersey’s licensing model, Delaware is proposing to allow applicants to apply for conditional licenses, with a timeline of 18 months from conditional license award to:

  1. Obtain legal control of a property
  2. Receive approval from local regulators
  3. Become operational

Applicants will be required to undergo financial and criminal background checks and fingerprinting — a standard requirement observed in nearly every state that has legalized cannabis operations and sales. The application process is expected to encompass various elements and narratives, including robust quality assurance programs, as outlined in the regulations.

While many of the proposed regulations are viewed as standard for the burgeoning cannabis industry, there are some regulations that will almost certainly generate pushback from industry stakeholders. Certain restrictions, such as limiting the THC content in edibles and beverages to 50 milligrams per package and stringent rules surrounding packaging, labeling, and marketing for cannabis products, are raising a slight concern among potential business operators and consumers alike.

KEY DATES AND TIMELINES SUMMARIZED

  • JUNE 3, 2024: 30-day public comment period closed
  • JULY 2024: Regulations are expected to be finalized and adopted
  • SEPTEMBER 1, 2024: The OMC begins accepting applications for all licenses
  • NOVEMBER 1, 2024: The OMC begins issuing up to 60 Cultivation Licenses
  • DECEMBER 1, 2024: The OMC begins issuing up to 30 Product Manufacturing Licenses
  • MARCH 1, 2025: The OMC begins issuing up to 30 Retail Licenses and 5 Testing Facility Licenses

 

Interested in applying for a license to be one of the first to enter Delaware’s adult-use cannabis industry? We can help you get there before your competitors. Reach out to Canna Business Services today for a free 15-minute consultation!